MISSOURI-KANSAS-TEXAS RAILROAD CO. v. RATICAN

No. 40593.

413 P.2d 516 (1965)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a corporation, Plaintiff in Error, v. William A. RATICAN, Jr., Administrator of the Estate of Roy G. Ham, Deceased, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied April 19, 1966.


Attorney(s) appearing for the Case

Lloyd W. Jones, Denison, Tex., J.G. Ralls, Atoka, A. James Gordon, McAlester, for plaintiff in error.

R. Kay Matthews, Atoka, by James E. Driscoll, Seminole, for defendant in error.


WILLIAMS, Justice.

The parties will be referred to herein as they appeared in the trial court, plaintiff in error as defendant and defendant in error as plaintiff.

Plaintiff alleged as follows: That on April 12, 1959, Roy G. Ham was attempting to cross the railroad trestle over Muddy Boggy Creek upon a wooden-floored walk-way, part of a much traveled pathway beside the railroad track on defendant's property; that...

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